First Mercury Insurance Company v. Law Office of Kenneth B. Schwartz
| First Mercury Insurance Company |
| Kenneth B. Schwartz, P.C., Law Office of Kenneth B. Schwartz, Kenneth B. Schwartz and Helene Stetch |
| 2:2017cv01763 |
| March 30, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| A. Kathleen Tomlinson |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
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Filing
69
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth above, plaintiff's objection to so much of the Report as finds that a declaratory judgment on the issue of its duty to indemnify the Schwartz Defendants in the Dos Ramos and P ersaud Actions is premature is sustained, and that part of the Report is modified to the extent set forth herein; plaintiff's remaining objections are overruled; and the Report is otherwise accepted in its entirety. Accordingly, for the reasons set forth herein and in the Report, (i) plaintiff's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted to the extent that judgment shall be entered in favor of plaintiff declaring: (a) that plainti ff has no duty under the subject of Policy to defend or indemnify the Schwartz Defendants from any claims, liabilities, causes of action, or damages, which are the subject of the Dos Ramos Action and the Persaud Action, (b) that plaintiff may withdra w from providing a defense to the Schwartz Defendants in the Dos Ramons Action and the Persaud Action, and (c) that plaintiff is entitled to reimbursement from the Schwartz Defendants for defense costs it incurred in connection with the Dos Ramos Act ion and the Persaud Action subsequent to the date of its disclaimer of coverage, and plaintiff's motion is otherwise denied; and (ii) the Schwartz Defendants' cross motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civ il Procedure is granted to the extent that judgment shall be entered in favor of the Schwartz Defendants' declaring: (a) that plaintiff's duty to defend the Schwartz Defendants in the Johnson Action remains in effect, and (b) that plaintiff is obligated to reimburse the Schwartz Defendants for one third (1/3) of the reasonable attorney's fees and costs they incurred in defending the instant action to date, and the Schwartz Defendants' cross motion is otherwise denied. The Clerk of Court shall enter judgment in accordance with this Order and close this case. SO Ordered by Judge Sandra J. Feuerstein on 12/5/2019. (Tirado, Chelsea)
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